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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who is engaged in driving a vehicle with C New Zealand X-D motor vehicle.
around 12:12 on August 19, 2018, the Defendant operated the said new-based x-D car, and proceeded from the middle school located in Kimhae-si, the intersection of the private distance in front of the E restaurant located in Da, Kimhae-si, to the inside of the road.
There is an intersection that is not supported by traffic control, and there is a road sign "stop" before entering the said intersection. In such a case, a person engaged in driving a motor vehicle has a duty of care to check whether there is a vehicle, etc. entering the intersection by reducing the speed or temporarily stopping the motor vehicle, and to check and drive the motor vehicle.
Nevertheless, due to the negligence of the Defendant’s neglect and progress, the part of the victim F (58 Do) driven by the Defendant’s left-hand side from the right-hand side of the Gi30 Driving G 130, which was driven by the Defendant’s above intersection, was received as the front-hand part of the said new X-D car.
Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc., in need of approximately three weeks of medical treatment, and at the same time, did not take necessary measures, such as aiding the damaged person, even though the Defendant destroyed the said i30 car to the extent of KRW 2,70,586 at the repair cost, such as exchanging the said i30 car, and attempted to escape without taking necessary measures.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Each report on internal investigation:
1. Written estimate (No. 11 No. 5 of the evidence list) and written diagnosis;
1. Application of the Acts and subordinate statutes concerning photographs at each accident site and CCTV images-fashion photographs;
1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Punishment;